House Bill 636

AN ACT TO AMEND SECTION 37-19-7, MISSISSIPPI CODE OF 1972,
TO DELETE THE PROVISION OF LAW THAT REQUIRES SCHOOL COUNSELORS TO COMPLETE A
CERTIFICATION PROCESS ESTABLISHED BY THE NATIONAL BOARD FOR PROFESSIONAL
TEACHING STANDARDS FOR A MASTER TEACHER CERTIFICATE FOR SCHOOL COUNSELORS IN
ORDER TO CONTINUE RECEIVING A SALARY SUPPLEMENT; AND FOR RELATED PURPOSES.

37-19-7.
(1) This section shall be known
and may be cited as the Mississippi "Teacher Opportunity Program
(TOP)." The allowance in the
minimum education program and the Mississippi Adequate Education Program for
teachers' salaries in each county and separate school district shall be
determined and paid in accordance with the scale for teachers' salaries as
provided in this subsection. For
teachers holding the following types of licenses or the equivalent as
determined by the State Board of Education, and the following number of years
of teaching experience, the scale shall be as follows:

* * *

2004-2005 School Year

Less Than 25 Years of Teaching Experience

AAAA........................................... $
31,775.00

AAA.............................................. 30,850.00

AA............................................... 29,925.00

A................................................ 28,000.00

25 or More Years of Teaching Experience

AAAA........................................... $
33,775.00

AAA.............................................. 32,850.00

AA............................................... 31,925.00

A................................................ 30,000.00

The State Board of Education shall revise
the salary scale prescribed above for the 2004-2005 school year to conform to
any adjustments made to the salary scale in prior fiscal years due to revenue
growth over and above five percent (5%).
For each one percent (1%) that the Sine Die General Fund Revenue
Estimate Growth exceeds five percent (5%) for fiscal year 2005, as certified by
the Legislative Budget Office to the State Board of Education and subject to specific
appropriation therefor by the Legislature, the State Board of Education shall
revise the salary scale to provide an additional one percent (1%) across the
board increase in the base salaries for each type of license.

2005-2006 School Year and School Years
Thereafter

Less Than 25 Years of Teaching Experience

AAAA........................................... $
34,000.00

AAA.............................................. 33,000.00

AA............................................... 32,000.00

A................................................ 30,000.00

25 or More Years of Teaching Experience

AAAA........................................... $
36,000.00

AAA.............................................. 35,000.00

AA............................................... 34,000.00

A................................................ 32,000.00

The State Board of Education shall revise
the salary scale prescribed above for the 2005-2006 school year to conform to
any adjustments made to the salary scale in prior fiscal years due to revenue
growth over and above five percent (5%).
For each one percent (1%) that the Sine Die General Fund Revenue
Estimate Growth exceeds five percent (5%) for fiscal year 2006, as certified by
the Legislative Budget Office to the State Board of Education and subject to
specific appropriation therefor by the Legislature, the State Board of
Education shall revise the salary scale to provide an additional one percent
(1%) across the board increase in the base salaries for each type of license.

It is the intent of the Legislature that
any state funds made available for salaries of licensed personnel in excess of the
funds paid for such salaries for the 1986-1987 school year shall be paid to
licensed personnel pursuant to a personnel appraisal and compensation system
implemented by the State Board of Education.
The State Board of Education shall have the authority to adopt and amend
rules and regulations as are necessary to establish, administer and maintain
the system.

All teachers employed on a full-time basis
shall be paid a minimum salary in accordance with the above scale. However, no school district shall receive
any funds under this section for any school year during which the local
supplement paid to any individual teacher shall have been reduced to a sum less
than that paid to that individual teacher for performing the same duties from
local supplement during the immediately preceding school year. The amount actually spent for the purposes
of group health and/or life insurance shall be considered as a part of the
aggregate amount of local supplement but shall not be considered a part of the
amount of individual local supplement.

* * *

2004-2005
School Year Annual Increment

For teachers holding a Class AAAA license,
the minimum base pay specified in this subsection shall be increased by the sum
of Seven Hundred Forty Dollars ($740.00) for each year of teaching experience
possessed by the person holding such license until such person shall have
twenty-five (25) years of teaching experience.

For teachers holding a Class AAA license,
the minimum base pay specified in this subsection shall be increased by the sum
of Six Hundred Seventy-five Dollars ($675.00) for each year of teaching
experience possessed by the person holding such license until such person shall
have twenty-five (25) years of teaching experience.

For teachers holding a Class AA license,
the minimum base pay specified in this subsection shall be increased by the sum
of Six Hundred Ten Dollars ($610.00) for each year of teaching experience
possessed by the person holding such license until such person shall have
twenty-five (25) years of teaching experience.

For teachers holding a Class A license, the
minimum base pay specified in this subsection shall be increased by the sum of
Four Hundred Sixty-five Dollars ($465.00) for each year of teaching experience
possessed by the person holding such license until such person shall have
twenty-four (24) years of teaching experience.

2005-2006
School Year

and School
Years Thereafter Annual Increments

For teachers holding a Class AAAA license,
the minimum base pay specified in this subsection shall be increased by the sum
of Seven Hundred Seventy Dollars ($770.00) for each year of teaching experience
possessed by the person holding such license until such person shall have
twenty-five (25) years of teaching experience.

For teachers holding a Class AAA license,
the minimum base pay specified in this subsection shall be increased by the sum
of Seven Hundred Five Dollars ($705.00) for each year of teaching experience
possessed by the person holding such license until such person shall have
twenty-five (25) years of teaching experience.

For teachers holding a Class AA license,
the minimum base pay specified in this subsection shall be increased by the sum
of Six Hundred Forty Dollars ($640.00) for each year of teaching experience
possessed by the person holding such license until such person shall have
twenty-five (25) years of teaching experience.

For teachers holding a Class A license, the
minimum base pay specified in this subsection shall be increased by the sum of
Four Hundred Eighty Dollars ($480.00) for each year of teaching experience
possessed by the person holding such license until such person shall have
twenty-four (24) years of teaching experience.

The level of professional training of each
teacher to be used in establishing the salary allotment for the teachers for
each year shall be determined by the type of valid teacher's license issued to
those teachers on or before October 1 of the current school year.

(2)
(a) The following employees
shall receive an annual salary
supplement in the amount of Six Thousand Dollars ($6,000.00), plus fringe
benefits, in addition to any other compensation to which the employee may be
entitled:

(i) Any licensed teacher who has met the requirements and acquired a
Master Teacher certificate from the National Board for Professional Teaching
Standards and who is employed by a local school board or the State Board of
Education as a teacher and not as an administrator.Such teacher shall submit
documentation to the State Department of Education that the certificate was
received prior to October 15 in order to be eligible for the full salary
supplement in the current school year, or the teacher shall submit such
documentation to the State Department of Education prior to February 15 in
order to be eligible for a prorated salary supplement beginning with the second
term of the school year.

(ii)Any licensed school
counselor who has met the requirements and acquired a National Certified School
Counselor (NCSC) endorsement from the National Board of Certified Counselors
and who is employed by a local school board or the State Board of Education as
a counselor and not as an administrator.
Such licensed school counselor shall submit documentation to the State
Department of Education that the endorsement was received prior to October 15
in order to be eligible for the full salary supplement in the current school
year, or the licensed school counselor shall submit such documentation to the
State Department of Education prior to February 15 in order to be eligible for a
prorated salary supplement beginning with the second term of the school year. * * *

(iii) Any licensed speech-language pathologist and audiologist who has
met the requirements and acquired a Certificate of Clinical Competence from the
American Speech-Language-Hearing Association and who is employed by a local
school board. Such licensed speech-language
pathologist and audiologist shall submit documentation to the State Department
of Education that the certificate or endorsement was received prior to October
15 in order to be eligible for the full salary supplement in the current school
year, or the licensed speech-language pathologist and audiologist shall submit
such documentation to the State Department of Education prior to February 15 in
order to be eligible for a prorated salary supplement beginning with the second
term of the school year. However, the salary supplement authorized under this
item shall be discontinued two (2) years after the date on which the National
Board for Professional Teaching Standards offers a certification process for a
Master Teacher certificate for school speech-language pathologists and
audiologists, and any school speech-language pathologist and audiologist
receiving the salary supplement will be required to complete the Master Teacher
certificate process under item (i) of this paragraph in order to continue
receiving such salary supplement.

(b)
An employee shall be reimbursed one (1) time for the actual cost of
completing the process of acquiring the certificate or endorsement, excluding
any costs incurred for postgraduate courses, not to exceed Five Hundred Dollars
($500.00) for a school counselor or speech-language pathologist and
audiologist, regardless of whether or not the process resulted in the award of
the certificate or endorsement. A local
school district or any private individual or entity may pay the cost of
completing the process of acquiring the certificate or endorsement for any
employee of the school district described under paragraph (a), and the State
Department of Education shall reimburse the school district for such cost,
regardless of whether or not the process resulted in the award of the
certificate or endorsement. If a private individual or entity has paid the cost
of completing the process of acquiring the certificate or endorsement for an
employee, the local school district may agree to directly reimburse the
individual or entity for such cost on behalf of the employee.

(c)
All salary supplements, fringe benefits and process reimbursement authorized
under this subsection shall be paid directly by the State Department of
Education to the local school district and shall be in addition to its minimum
education program allotments and not a part thereof in accordance with
regulations promulgated by the State Board of Education, and subject to
appropriation by the Legislature. Local
school districts shall not reduce the local supplement paid to any employee
receiving such salary supplement, and the employee shall receive any local
supplement to which employees with similar training and experience otherwise
are entitled.

(d)
The State Department of Education may not pay any process reimbursement
to a school district for an employee who does not complete the certification or
endorsement process required to be eligible for the certificate or
endorsement. If an employee for whom
such cost has been paid in full or in part by a local school district or
private individual or entity fails to complete the certification or endorsement
process, the employee shall be liable to the school district or individual or
entity for all amounts paid by the school district or individual or entity on
behalf of that employee toward his or her certificate or endorsement.

SECTION
2. This act shall take effect and
be in force from and after July 1, 2004.